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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #51  
Old 07-25-2017, 01:18 AM
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Quote:
Originally Posted by WorkingDAD View Post
Good luck
WD
Hey WD, Sorry to see that you were back to Court for a 3rd time. I've been following your case since it is close to my situation (false allegations and fabrication). I haven't spent that much time in Court though. Your case will be part of my book of authority.

I'm happy to hear that you can breath a little until your ex is allowed to bring a change in circontances if proven.

Best of luck to you too.
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  #52  
Old 08-23-2017, 01:23 AM
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I've been requesting overnight access with my children for over two years and now at the shed of trial... I received an offer (not reasonable) and she will allow every second weekend. WTF. She is just trying to avoid paying my costs at trial.

I am going to make a counter offer cause I won't accept her having sole custody. The evidence shows that she will take me out of my children's life.

Today, I wrote a request to admit and I can't wait for her reply. I am sure she will ignore most of my items.
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  #53  
Old 11-01-2017, 07:32 AM
Doctor Martins Doctor Martins is offline
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How did this turn out?
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  #54  
Old 01-10-2018, 10:31 PM
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It's over (for now) I made it!

First, on September 8th 2017, the other party agreed to some parts of my last offer on Custody and Access. Since I haven't seen D15 for over a year and S17 is doing his own schedule, I only had to deal with D10. So I decided to let STBX play the role of Wonder Woman by letting her have primary residency of the children. I have sole decision making over post secondary school which is most important for me. She has primary and high school education, medical and dental (I am managing the plans through my employer so she can do the runs for the appointments) and religion, where there is only one event remaining for D10. There is another personal reason why I took that route and it is related to my new partner's health and mine as well. Things happen over the course of the litigation and we must make adjustments that better suit us. Unfortunately.

But the false allegations of domestic violence and the diffamation are not over yet. I already forwarded a formal notice to her on those issues.

On September 18-20th, we had our 3 days trial where the main issue was the division of my pension plan to allow me to do my equalization payment by way of a rollover of my pension. This way, I could have my share of the equity of the matrimonial home, the only way for me to get some liquidity. I won my case.

All the other issues were nothing as they were not stated in any of my offers. I also had to challenge the Minutes of Settlement drafted by the other party's counsel as I did not agree with the Insurance clause and lots of details were missing. Justice took my side on that as well.

The Reason for Judgment is here : http://canlii.ca/t/hpgp7
http://canlii.ca/t/hpgp7

There is a couple of things that are wrong on the judgement like in parag 10; I never threat my ex directly by phone. I was talking to my colleagues at work. I don't know where the justice took that because it was never raised that way during the Court proceeding. Also, my ex had a joint account with her father so she could split the amount in half in her financial statement. The money was hers. Nothing belong to her father. It shows that Family Court only drives by lies. It doesn't mean I knew it was a joint account with her Father that there is actually 50% of that money belonging to him. I prove to the Court that the funds were hers and nothing was retained. Pffff... it is not worth it. She can now spend that money with someone she will meet on POF. LOL.

I had the judgment on December 21st and I must admit it was a nice Christmas gift. Then, I had S17 and D10 for more than a week during New Year after 3 years of debate. This is priceless. D10 already express that she would like to spend more time with me but her mother wont let her. I told her that we can address this issue later on when she feels ready for changes. For now, we will give it a try.

I drafted my own Final Order including the Minutes of Settlement of Sept 8th, and it was approved by the other counsel's party and the Justice. I am just waiting for the copy with the stamp of the Court.

I placed a security on the MH as authorized.

I send a letter to my STBX counsel for when I can expect a payment.
Today, I went to file my submission for costs with the Court.

Finally, I can sleep calmly.
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  #55  
Old 01-10-2018, 10:43 PM
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Congratulations and good job!
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  #56  
Old 01-12-2018, 03:12 PM
denbigh denbigh is offline
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[QUOTE I have sole decision making over post secondary school ][/QUOTE]

I am confused about this part, What does this mean? Does not the adutl child attending postsecondary have sole decision making over their own schooling?
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  #57  
Old 01-12-2018, 03:36 PM
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Quote:
Originally Posted by denbigh View Post
[QUOTE I have sole decision making over post secondary school ]
I am confused about this part, What does this mean? Does not the adutl child attending postsecondary have sole decision making over their own schooling?[/QUOTE]

Mostly yes but the children will need to keep me informed on every thing, including their plans, program, costs, grades and achievements. It won’t Just be something between mom and the kids where dad is only good to pay. This way it’s very clear that they must keep me informed.
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  #58  
Old 01-17-2018, 04:23 PM
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Question Court of Appeal?

She must be CRAZY!

I've just been served with a Notice of Appeal. STBX is challenging the reason for judgment on the Equalization payment, stating that the justice erred in law by ordering the methodology of the payment. Also, she state that he failed to take consideration on the impact and fairness to her. What about the impact and fairness on me? She wanted 100% of immediate liquidity... while on my successful side, we both have immediate liquidity and funds to secure our old age.

She only had to find 15K$ to avoid a trial but decided to gamble and lose it all. Now she wants to go in Appeal and spend another 15K$ or more?

She will need to prove that the justice made an error with the law. What are the odds for that when all the Laws he referred to are listed in his reason for judgment?

Last edited by mafia007; 01-17-2018 at 05:19 PM. Reason: Change Icon
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  #59  
Old 01-17-2018, 08:57 PM
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Oh correction... I just read that appeals mostly range in the 25K$.

Even though papers were served on me, is it possible the Notice of Appeals is only a threat?
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  #60  
Old 01-18-2018, 12:07 AM
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http://www.ottawadivorce.com/appeal.htm


https://www.brainsyntax.com/Home/MessageDetail/608
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